Central Information Commission
Chander Gupta vs North Delhi Municipal Corporation Hq on 3 May, 2021
Author: Heeralal Samariya
Bench: Heeralal Samariya
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग ,मुिनरका
Baba Gangnath Marg, Munirka
नईिद ली, New Delhi - 110067
ि तीयअपीलसं या / Second Appeal No.: CIC/NDMCH/A/2019/152660
Chander Gupta .....अपीलकता/Appellant
VERSUS/बनाम
1. Public Information Officer under RTI,
Executive Engineer-(Bldg.-II)/K.P.Zone,
North Delhi Municipal Corporation,
Building-II Department/Keshav Puram Zone,
A-1 Block, Zonal Officer Building, Community Centre,
Keshav Puram, Delhi-110035.
... ितवादीगण/Respondent
Relevant facts emerging from appeal:
RTI application filed on : 11-04-2019
CPIO replied on : 24-06-2019
First appeal filed on : 31-07-2019
First Appellate Authority order : 02-09-2019
Second Appealreceived at CIC : 01-11-2019
Date of Hearing : 28-04-2021
Date of Decision : 28-04-2021
lwpuk vk;qDr :Jhहीरालालसाम रया
Information Commissioner:Shri Heeralal Samariya
Information sought:
The Appellant sought information on points is as under:
Whether Govt. of India has preferred any appeal against the Hon'ble Delhi High Court judgement dated 18.02.03 in the matter of CW 2034 of 1992,CW 3678 of 1992, CW 3343 of 1993. If Yes, detail thereof and judgement if any passed against the same.Page 1 of 4
If said Hon'bleHigh court judgement is not contested / appealed further, kindly arrange to provide following detail as no RWA is in Position to persuade the offenders:
(1) Detail of action taken against the unauthorized construction carried out in DDA flats in the common portions as defined under clause 2(9) in DDA Regulation 1868.
(2) Similarly common area defined under clause 2(9) of DDA Regulation 1868 as "those portion of the plot or premises which are in common use and include the land, gateway, enclosure, compound wall, park, open ground, passages, corridors, stair-cases, fixtures fitting, lift, if any, any installation whether for water supply or drainage or lighting or any other purpose and all such facilities which are used or intended to be used in common. It also includes top portions of the building which cannot be used exclusively by the top owner." Accordingly any uses of the top portion by the top floor owner are not permitted as per the said order of Hon'ble Delhi High Court.
(3) Please provide details of action taken for the encroachments/unauthorised constructions.
(4) As unauthorised excessive encroachment has taken place in common area of DDA colonies / flats.
PIO, Executive Engineer-(Bldg.-II)/K.P.Zone, North Delhi Municipal Corporation, vide letter dated 24.06.2019, furnished information as under:
The Appellant filed First Appeal dated 24.07.2019. FAO, vide order dated 02.09.2019, held as under:
Grounds for Second Appeal:
The PIO has notprovided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: present on phone Respondent: couldn't be contacted for the want of contact details Appellant stated that he is not satisfied with the conduct of the PIO. He further reiterated the factual matrix of the instant case and pressed over the issue of unauthorised construction prevailing in the DDA flats where he resides.
Commission interjected and remarked that relief sought by the appellant doesn't conform with the definition of information as envisaged under Section 2(f) of the RTI Act, 2005. Commission counselled the appellant that even if Commission concedes with his submission and takes into account his grievance, adjudication over the same is outside the scope of power as per RTI Act, 2005 and thus, appellant must approach appropriate forum for the redressal of the same.
Appellant requested the Commission to direct the respondents to provide the list of properties which were allowed construction in the common portions by the respondents subsequent the averred judgement of the Hon'ble Delhi High Court. Decision:
The current milieu of the pandemic COVID-19 has necessitated theCommission to take some extraordinary steps in the disposal of cases toavoid further backlog and delays subverting the very purpose of RTI Actwhich includes inter alia hearing cases through audio conferencing. Theinstant case being one such instance where even so Respondents could not beheard for reasons stated above, Commission deems it fit in the interest of theletter and spirit of RTI Act to decide the matter based on the material onrecord.
In doing so, Commission takes into account the request of the appellant and observes that relief sought by him would require collection and collation of data and same would disproportionately divert the resources of the respondent authority thereby attracting Section 7(9) of the RTI Act, 2005. In view of the foregoing, Commission directs the PIO to provide an opportunity to the Appellant to inspect available and relevant records of the properties which were allowed construction in the common portions by the respondents subsequent to the passing of the averred judgement of the Hon'ble Delhi High Court, if available on record, on a mutually decided date and time duly intimated to the Appellant telephonically and in writing. Copy of documents, if desired by the Appellant upon inspection should be provided upon payment of the prescribed fees as perRTI Rules, 2012 after redacting/blacking out third party information, if any. PIO must make sure no third-party information is disclosed to the appellant.Commission's directions should be complied within 30 days from the date of re-joining of the office by the PIO after the current lockdown is lifted and situation of current pandemic normalises and accordingly compliance report to this effect be duly sent to the Commission by the PIO.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालालसाम रया)
Information Commissioner(सूचनाआयु )
Authenticated true copy
(अिभ मािणतस यािपत ित)
Ram Parkash Grover (राम काश ोवर)
Dy. Registrar (उप-पंजीयक)
011-26180514
Page 4 of 4